8 - Conclusions

Summary

This chapter is divided into two sections. The first provides a summary of the conclusions relating to the substantive scope of freezing injunctions. It proposes a number of changes to the preconditions for obtaining a freezing injunction in order to improve certainty and create a level playing field in litigation. The need to establish a good arguable case on the merits is considered, taking into account some positive developments in this area. The case law on the real risk of dissipation of assets is the main focus of criticism. The second section of the chapter contains some thematic comments on the international scope of freezing injunctions and explains the need for a more restrictive approach in future cases.